When used in this chapter, the terms listed below shall have the following meanings:
  (1) Advertisement--Any statement provided by or at the behest of a permittee promoting the purchase of a brand of alcoholic beverage through the medium of: radio broadcast; television broadcast; the internet; newspapers, periodicals, or other publications; any sign or outdoor advertisement; or of any other printed or graphic matter, including trade booklets, menus, and cards, if such advertisement is in, or is calculated to induce sales in, this state, or is disseminated by mail or electronic mail. The term "advertisement" does not include: any label affixed to any alcoholic beverage bottle; or any individual covering, carton, or other container of the bottle, or any written, printed, graphic, or other matter accompanying the bottle, which constitutes a part of the labeling under this chapter; or any editorial or other reading matter in any periodical newspaper, or other publication for which no money or other valuable consideration is paid or promised, directly or indirectly, by any permittee.
  (2) Alcoholic beverage--Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted, including distilled spirits, malt beverages, and wine, as defined herein.
  (3) Applicant--A person who submits an application with the commission to register an alcoholic beverage product.
  (4) Bottler--Any person who places alcoholic beverages in containers.
  (5) Brand label--The label carrying, in the usual distinctive design, the brand name of the alcoholic beverage.
  (6) Brewpub--A holder of a brewpub license under Chapter 74 of the Alcoholic Beverage Code.
  (7) Code--The Texas Alcoholic Beverage Code.
  (8) COLA--A certificate of label approval issued by the United States Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 CFR Ch. I, Subch. A, Part 13.
  (9) Commission--The state agency, the Texas Alcoholic Beverage Commission; this term is not intended to refer to the agency’s commissioners sitting as a deliberative body.
  (10) Container--Any can, bottle, barrel, keg, cask, tank car, or other closed receptacle, irrespective of size or of the material from which made, for use for the sale of malt alcoholic beverages. This provision does not in any way relax or modify §1.04(18) of the Alcoholic Beverage Code.
  (11) Distilled spirits--Alcohol, ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, other distilled spirits, and any liquor produced in whole or in part by the process of distillation, including all mixtures and dilutions thereof.
  (12) Malt beverage--a fermented beverage of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, in whole or in part, or from any malt substitute.
  (13) Person--A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.
  (14) Producer--A manufacturer of all classes of alcoholic beverages and nonresident sellers that are the primary American source of supply for purposes of §37.10 of the Code.
  (15) TTB--The United States Alcohol and Tobacco Tax and Trade Bureau or its successor agency.
  (16) Sake--an alcoholic beverage made by fermenting rice.
  (17) Wine--A product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers and other alcoholic beverages made in the manner of wine, including sparkling and carbonated wine, vermouth, cider, sake, and perry.

Source Note: The provisions of this §45.2 adopted to be effective December 31, 2020, 45 TexReg 7245; amended to be effective September 1, 2021, 46 TexReg 5182